IMO, he was drinking. That is one reason for the ferocious attack the family has made on the ship - they want to blame the ship so that no blame can fall on their family. The attorney did not say the step-grandfather was not drinking; he said that "alcohol was not a factor" in what happened. To say someone is "not a drinker" is not the same as saying the person does not ever drink; it's more like saying they are not a drunkard, but it really means nothing - it's just what the attorney put forward for their PR, not as real evidence. Most people drink on these ships. They think they are "safe" because they're not going to be driving a car anywhere, so they can imbibe with less worry. The family had been on board several hours when this occurred. This happened right by one of the ship's bars and a pool area. The careless actions of the step-grandfather to me make more sense if he was under the influence of alcohol. The police said he was "rocking" the girl and she was held out of the window during this "act of games."
Would he have been charged over a clear accident where he was not at fault? I think this was a lot different and that there are multiple factors leading to this charge. The video and the ship's record of any alcohol he had. All this is MOO. I hope the facts of the video come out but not necessarily the video itself. I hope the family will view the video and the evidence to settle in their mind what did happen. Prayers for all of them.